Conditions générales

1. General

Welcome to the world of Speech products and services! These General Terms and Conditions apply to the purchase and use of the products, apps and services ("Services").

The SpeechLive Online Shop is located at www.speechlive.com (the “Online Shop” or “Website”), for SpeechID at www.speech.com/id. The Online Shop and the products are offered by Speech Processing Solutions Canada, Inc. (hereinafter referred to as “SPS”, “we” or “us”). The terms and conditions under which the Products are offered are set out below. To place an order you must accept the terms and conditions within the order process. By submitting your order, you accept and agree to be bound by these terms and conditions.

SPS reserves the right to change these terms and conditions at any time without prior notice. Such changes however only apply to new orders and will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.

2. Placing Your Order

To place an order in the online shop you must be 18 years of age or over and have a valid email address. You have to fill in the mandatory information in the order form completely and correctly.

The Services presented on the Website represent a non-binding invitation to the customer to order the presented services. By placing an order, you make an offer to us to purchase the service at the prices listed at the time the order is placed. SPS may or may not accept your offer at our discretion. If SPS does not accept your order or if the ordered service is not available, SPS will inform you immediately, and you will be refunded for the rejected order or unavailable service(s), as applicable.

When SPS sends you an e-mail confirming receipt of your order, this does not constitute our acceptance of your order. We only accept your offer and enter into the contract, when we explicitly confirm acceptance of your order via email and/or dispatch the ordered service to you and/or make it available for download.

Every service will automatically renew at the end of each term for a further term equal to the original agreed term unless either party gives the other written notice of termination prior to the end of the relevant term. We will send you a notice email, reminding you that your plan is about to be renewed within a reasonable period of time prior to the renewal date. SpeechID: You can terminate your subscription in the subscription overview of your SpeechID account.

3. Prices

Prices shall be those prices published on this Website. All prices are in Canadian dollars (CAD). Prices shown on the Website exclude all applicable taxes (“Taxes”) that may apply to your purchase. Prices shown on the Website also exclude any applicable delivery costs. Taxes and applicable delivery costs will be added to the amount of your purchase and shown on the check-out page. You will have an opportunity to review the Taxes and any applicable delivery costs before you confirm your purchase. Each item in your Shopping Cart is shown at the current price.

License fees are billed once or on an ongoing basis as indicated by the Website. Ongoing license fees are generally billed quarterly in advance unless otherwise stated on the Website.

For Products where fees are paid on an on-going basis, SPS reserves the right to change the pricing applicable to such Products, from time to time. SPS will provide you with notice identifying the planned pricing changes in a timely manner, and to the extent required by applicable law, not less than thirty (30) days before such changes will become effective. The notice will be sent to you by e-mail or any other notice method likely to come to your attention. To the extent required by applicable law, such notice will set out the effective date of the change, the changes being made to the pricing, and your remedy in connection with such change as set out in the next sentence. As permitted by applicable law, your sole remedy in the event you do not wish to accept such change (and, if you live in Quebec, only where such change increases your obligations or reduces SPS’ obligations) shall be to refuse the change and terminate the contract for the applicable Products (including the license to use same, if applicable). If you refuse the change, you must notify SPS within thirty (30) days of having received the notice. To the extent not prohibited by applicable law, if you continue to use the Products thirty (30) days after having received the notice, you expressly agree that you: (a) will be deemed to have accepted the pricing change, with no additional written agreement or express acknowledgment required; and (b) specifically waive all statutory requirements for notice and express acceptance of such pricing change except for those provided in this section. SPS will inform you of this deadline separately and that, where permitted by applicable law, approval of the changes is deemed to be given if no legal objection to them is made.

4. Paying for your Products

Your credit card will be charged when we issue your invoice or at the time of shipment of your Products and making available the Product for download respectively. SPS will not process your order until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. SPS reserves the right to verify the identity of the credit card holder by requesting appropriate documentation. If the customer has to pay fees of his payment service provider in case of payment by credit card, these fees have to be paid by the customer.

If you are paying by online-payment procedure your account will be charged when we receive your order.

In your SpeechLive account at www.speechlive.com you can change your payment data at any time and review your invoices. If you change your payment data, you will have to pay a small transaction fee to verify the new payment data. The costs for this transaction will be refunded within the next 24 hours.

5. Delivery of your Products

Software Products purchased at the Online Shop will be delivered exclusively by electronic means via email and/or by making a download link available to you usually immediately upon purchase, at the latest within 7 working days from SPS accepting your order and entering into the contract.

6. Terms for software and services

In addition to these General Terms and Conditions the respective terms for software and services apply to any software programs, apps and services that we make available to you. The SpeechExec Software and the SpeechLive Service are subject to the End-User License Agreement. The SpeechLive transcription service is subject to the additional terms and conditions concerning the SpeechLive transcription service, and Speech to text is subject to the additional terms and conditions concerning Speech to text.

7. Liability and Disclaimer

IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE PRODUCTS OR THESE TERMS AND CONDITIONS WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL THE LIABILITY OF SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO SPS IN THE PRECEDING ONE MONTH PERIOD. The foregoing exclusions or limitations of liability may not apply, to the extent such exclusions or limitations are not allowed under applicable national or provincial law.

For software and services that we make available to you on our Website and/or that may be downloaded from our Website, the liability provisions in the license agreement apply. To the extent permitted by law, any liability of SPS for damages during the use of apps (software errors, data loss) is excluded.

THE PRODUCTS AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Products or the Website will meet your requirements, (ii) the Products or the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Products or the Website (including any information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Products or the Website or the services which make the Products or the Website available or electronic communications sent by SPS are free from viruses or any other harmful elements.

8. Data Protection

Your personal data that you submit on the occasion of an order or your registration in the Online Shop will be electronically stored and processed for the purpose of order fulfilment. You agree that we may use such data (name, address, email, industries sector) also for our own marketing purposes and to regularly send you information on our products, special offers, news and other customer information via mail and email. You may revoke your consent at any time in your SpeechLive account settings or by written notification to us (see contact details below).

The data will be processed in conformance with the SPS Privacy Policy and the applicable data protection laws.

9. Miscellaneous

The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.

The agreement shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods.

All disputes arising from or in connection with this agreement shall be exclusively referred to the courts in Markham, Ontario although SPS retains the right in its sole discretion to bring any suit, action or proceeding against you for breach of these terms and conditions in any other relevant jurisdiction. For consumers the statutory places of jurisdiction shall apply.

For residents of Quebec: All disputes arising from or in connection with these terms and conditions shall be exclusively referred to the courts in Montreal, Quebec.

No failure or delay by SPS in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.

You may not assign this agreement without the prior written consent of SPS. SPS may assign all of its rights and obligations under this agreement without your consent on written notice to you and upon any such assignment, SPS shall be fully released from its obligations hereunder and the assignee shall assume the rights and obligations of SPS as if the assignee were an original party to this agreement.

You declare and warrant that (i) you are not in any country subject to a US government embargo or one considered a country "supporting terrorists" by the US government, and (ii) you are not on any US government list of persons or parties subject to prohibitions or restrictions. You further grant your operating system operator the irrevocable right as a third-party beneficiary (and the operating system operator accepts this right) to enforce these terms and conditions against you.

10. Contact

Speech Processing Solutions Canada Inc.
235 Yorkland Blvd, Suite 303
Toronto, ON, M2J 4Y8
Canada
live.support(at)speech.com 

ADDITIONAL TERMS AND CONDITIONS CONCERNING THE SPEECHLIVE TRANSCRIPTION SERVICE

Using the SpeechLive transcription service by Speech Processing Solutions Canada, Inc (hereinafter "SPS", "we" or "us") allows you to have your recorded dictations transcribed in text form.

To use the transcription service you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a licence for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.

To use the transcription service you also have to acquire a credit of transcription minutes in the SpeechLive online shop. When acquiring such credit you may select a transcription language. The transcription language is the language of the dictation. You may choose from German, English (UK), English (US) and French. Please bear in mind that the language chosen cannot be changed after your first purchase of a credit. The language chosen also applies to future credit purchases.

The transcription minutes are automatically debited from your credit when a service is provided. The number of transcription minutes used is calculated on the basis of the length of dictation (in minutes), the language and the priority of a dictation and the number of speakers (see below). No separate invoices will be issued in respect of the minutes used. You may check your transcription minutes credit and the minutes used at any time in your SpeechLive account. You may use your transcription minutes credit 24 months after purchase of the credit. The credit will expire after the end of 24 months of the purchase date.

Additional special terms and conditions concerning the English and French transcription service

The following information applies to the transcription of dictations with a single speaker:

Priority

For English dictations you may choose between “standard priority” and “high priority”. If you choose standard priority, one transcription minute will be debited per commenced minute of a dictation. In the case of high priority, 1.25 transcription minutes will be debited per commenced minute of a dictation. All French dictations will be processed as “standard priority” dictations.

Transcription time

English and French dictations will be transcribed 24/7/365. Standard priority dictations with a length of up to 120 minutes are usually transcribed within 24 hours (best effort). High priority dictations may not be longer than 25 minutes. 

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

English (UK/US)Standard12024
English (UK/US)High255
FrenchStandard12024

 

The following information applies to the transcription of dictations with more than one speaker 
(“multi-speaker”):

SPS offers fixed prices for dictations with 2, 3 and 4-5 speakers. The price for 6 or more speakers (6 +) is an approximate indication. The actual price will be determined upon review of the dictation. In this case you will receive a quote from SPS by email. You may then choose to accept the offer, or cancel the transcription of this dictation. In case you decide to cancel your transcription, SPS may charge an analysis fee of 4% of the approximate indication or at least CAD 35.

 

If you specify the wrong number of speakers, the price will be calculated according to the actual number of speakers and debited from your balance. If you have insufficient credit, an automated payment will be triggered. If this payment cannot be completed, the dictation will be put on hold until payment has been made and the missing credit has been transferred to the transcription service.

For English and French dictations with more than one speaker with a length of up to 180 minutes (3 hours), the transcription time is 72 hours (best effort).

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

English / French---18072

SPS strives to transcribe dictations within the indicated transcription time and free from error, but the transcription time and the quality of transcription significantly depend on the audio quality, comprehensibility and speed of a dictation. As a consequence, SPS can neither guarantee nor assure that the indicated transcription times are complied with and transcriptions are free from error. If the audio quality of a dictation is poor and makes transcription more difficult, you will be informed about any additional costs in advance and may decide whether you would like to order the transcription or not.

Additional special terms and conditions concerning the German transcription service

The following information applies to the transcription of dictations with a single speaker:

Priority

You may choose between “standard priority” and “high priority”. If you choose standard priority, one transcription minute will be debited per commenced minute of a dictation. In the case of a high priority German dictation, 1.5 transcription minutes will be debited per commenced minute of a dictation.

Transcription time

German dictations will be transcribed within our business hours from Monday to Friday between 8 a.m. and 8 p.m. (local time Austria, Germany), except public holidays. Standard priority dictations with a length of up to 120 minutes are usually transcribed within 24 hours (best effort). High priority German dictations are usually transcribed within 8 hours (best effort). High priority dictations may not be longer than 25 minutes.

Please note that the completion periods indicated are to be calculated on the basis of working time regulations in Germany and the above transcription times are based solely on business hours between 8 a.m. and 8 p.m. (local time Austria, Germany) on working days in Germany (Monday to Friday).

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

GermanStandard12024
GermanHigh258

The following information applies to the transcription of dictations with more than one speaker (“multi-speaker”):

SPS offers fixed prices for dictations with 2, 3 and 4-5 speakers. The price for 6 or more speakers (6 +) is an approximate indication. The actual price will be determined upon review of the dictation. In this case you will receive a quote from SPS by email. You may then choose to accept the offer, or cancel the transcription of this dictation. In case you decide to cancel your transcription, SPS may charge an analysis fee of 4% of the approximate indication or at least CAD 35.

If you specify the wrong number of speakers, the price will be calculated according to the actual number of speakers and debited from your balance. If you have insufficient credit, an automated payment will be triggered. If this payment cannot be completed, the dictation will be put on hold until payment has been made and the missing credit has been transferred to the transcription service.

For German dictations with more than one speaker with a length of up to 120 minutes (2 hours), the transcription time is 72 hours (best effort). 

LanguagePriorityMaximum dictation length (in minutes) 

Transcription time (in hours) during business hours

German---12072

SPS strives to transcribe dictations within the indicated transcription time and free from error, but the transcription time and the quality of transcription significantly depend on the audio quality, comprehensibility and speed of a dictation. As a consequence, SPS can neither guarantee nor assure that the indicated transcription times are complied with and transcriptions are free from error. If the audio quality of a dictation is poor and makes transcription more difficult, you will be informed about any additional costs in advance and may decide whether you would like to order the transcription or not.

Basic standards

The German transcription service transcribes all dictations sent in accordance with the following principles:

You receive a transcript of your voice file produced using the “STAB” (Sinn, Text, Anweisungen, Buchstabierung (Meaning, Text, Instructions, Spelling)) method (see also composition and dictation rules) and a comprehensive transcription approach.

This includes the following services:

  • ##S mark is used for incomplete sentences and incomprehensible connections (defendant becomes claimant, etc.)
  • passages that are hard to understand are listened to multiple times, applying the two pairs of ears principle in difficult cases
  • two pairs of eyes principle is applied for voice files that are hard to understand
  • number of ## marks is actively reduced by researching ("Duden" dictionaries, Internet) words, names, technical terms, etc. that have not been spelled out. 

Basic standards for single-speaker dictations

Single-speaker dictations are dictations with only one speaker that have not been recorded in the style of an interview. The turnaround time is generally 24 hours during business hours (Monday to Friday, 8 a.m. to 8 p.m.), with a maximum dictation volume of 120 dictation minutes per customer.

Basic standards for multi-speaker dictations

Separate rules apply to dictations with multiple speakers and dictations that have been recorded in the style of an interview and therefore require the same formatting effort as multi-speaker dictations. The turnaround time is generally 72 hours during business hours (Monday to Friday, 8 a.m. to 8 p.m.), with a maximum dictation volume of 120 dictation minutes per customer.

Charging based on dictation quality levels

The German transcription service is obliged to assign a quality level for dictations in German. To do so, the composition and dictation rules in DIN standard 5009 are applied.

The prices indicated below result from the differing amounts of work involved in the transcription, based on the quality of the dictation transmitted. Customers are assigned to one of the following dictation quality levels:

Dictation quality levelDescriptionPrice
1Very easy to understandBasic price
2Easy to understandBasic price x 1,275
3Hard to understandBasic price x 1,55
4Very hard to understandBasic price x 1,667

For German dictations, the German transcription service enters the dictation quality level on the SpeechLive website and the customer can see this in the ‘Account’ area. If a customer has more than one person performing dictations, the dictation quality level assigned is based on an average. The transcription service may revise the dictation quality level upwards or downwards at any time.

The level assigned is based on the following criteria:

Very easy to understand (level 1): The dictations have been recorded in a quiet environment with no background noise in accordance with our composition and dictation rules on the basis of DIN 5009.

Easy to understand (level 2): The dictations have largely been recorded in accordance with our composition and dictation rules on the basis of DIN 5009. However, occasional, minor background noise can be heard, there is very little punctuation or the formatting instructions have not been dictated clearly, for example.

Hard to understand (level 3): The dictations recorded comply with our composition and dictation rules on the basis of DIN 5009 to a limited extent only. For example, interfering background noise can be heard most of the time, there is no punctuation or the dictation is spoken with a slight dialect.

Very hard to understand (level 4): The dictations have been recorded in a strong dialect, highly interfering background noise (e.g. building site, railway station, airport) can be heard, the dictations are recordings of telephone calls or presentations, for example, or the speaker uses very staccato, faltering speech, making the meaning difficult to follow.

For a new customer the first 10 dictation minutes are charged in price class 1. The German transcription service may apply a different price class to any subsequent minutes. If a customer has more than one person performing dictations, the dictation quality level assigned is based on an average. The German transcription service may revise the price class upwards or downwards at any time.

If an additional charge is required for individual dictations (e.g. due to incorrect number of speakers), the German transcription service will close this order in the system.

A distinction is made here between two different scenarios: 

  • If it is immediately apparent that more dictation minutes will need to be debited, the German transcription service will set the dictation minutes to “1” and attach a Word document containing the corresponding information. This dictation minute will be charged for accordingly.
  • If it only becomes apparent during transcription that additional dictation minutes will need to be debited, the German transcription service will adjust the number of dictation minutes to the number of minutes actually transcribed and then charge for these accordingly. A Word document containing the corresponding information and the part already transcribed will be attached.

If the transcription of a dictation takes longer than indicated for reasons attributable to SPS, you may cancel your order subject to a 3-hour grace period and the transcription minutes debited for the relevant order will be credited. To the extent permitted by law, we disclaim any further claims (including, without limitation, claims for damages).

In case of force majeure or if there occur any other unpredicted events beyond our control (such as strikes, business interruptions, failure of communication networks), the delivery period shall be extended for the duration of the event. SPS will immediately inform you of any such event. Where such events continue over a period of more than 7 days, you may cancel your order and the transcription minutes debited for the relevant order will be credited. To the extent permitted by law, we disclaim any further claims (including, without limitation, claims for damages).

The correctness in terms of language and content of the dictation to be transcribed by SPS shall be solely the customer’s responsibility. SPS does not accept any responsibility and liability for the correct reproduction of names, addresses and figures. You should therefore check the transcribed text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 7 (“Liability and Disclaimer”) of our General Terms and Conditions are applicable. Details of the order processing procedure can be found in the following information sheet.

ADDITIONAL TERMS AND CONDITIONS CONCERNING SPEECH TO TEXT

Using Speech to text allows you to have your recorded dictations converted to text form by means of automatic speech recognition.

To use Speech to text you need a SpeechLive account. If you do not have a SpeechLive account, you first have to acquire a licence for the SpeechLive service in the SpeechLive online shop at www.speechlive.com.

Furthermore, in order to use speech to text, you must purchase a speech-to-text package in the SpeechLive Online Shop and the minimum duration of the package is tied to the duration of your SpeechLive contract. The use of the speech-to-text package is subject to a fair-use policy of 500 minutes per contract month. In case of exceeding this policy, we will deactivate the service for the respective current month, in case of repetition we are entitled to terminate the contract prematurely.

For speech to text the duration of the speech recognition corresponds roughly to the length of the dictation, i.e. speech recognition of a 10-minute dictation will take approx. 10 minutes. When using real-time speech to text, the speaking time is also measured in minutes. All SpeechLive applications that offer speech recognition are part of the speech-to-text package and its fair-use policy of 500 minutes per contract month.

The rate of speech recognition will depend substantially on the quality of the audio (including, inter alia, microphone settings and ambient noise), the speech patterns of the speaker, particularly the clarity and speed of the dictation, and on the vocabulary used. In general speech to text is designed for use by native speakers of the language in question. Using speech to text in languages other than your native language is not recommended, and may adversely affect the speech recognition of the words and phrases spoken. To the extent permitted by law, SPS is thus unable to warrant any specific rate of speech recognition.

For this reason, to the extent permitted by law, SPS do not accept any responsibility and liability for the correct reproduction of any dictation. It is thus strongly recommended that you check the converted text as to its correct reproduction before using it for further purposes. Moreover, the limitations of liability and disclaimers pursuant to Section 7 ("Liability and Disclaimer ") of our General Terms and Conditions are applicable.

Rights of use and limitations

SPS grants you a non-exclusive, non-transferable right to use the speech recognition software deployed by speech to text this purpose, pursuant to the terms of this agreement. You acknowledge that the copyright and all other intellectual property rights to the speech recognition software shall remain vested in SPS and/or its licensors.

You are not permitted to market, distribute or offer speech to text to third parties or to use the service yourself to offer services to third parties. You may not use the service for any automated requests or access the service with software which does not come from SPS. In addition, you are not authorized to (a) copy, reproduce, distribute or in any other manner duplicate the software or the service, (b) sell, lease, license, sublicense or otherwise grant rights to the software or the service as a whole, (c) modify, translate or create derivative works of the software or the service, (d) decompile, disassemble or reverse- engineer the software or the service or any portion thereof or otherwise attempt to reconstruct, identify or discover the source code, underlying ideas or algorithms of the software or the service, (e) remove any proprietary notices (f) use the service for purposes of comparison with or benchmarking with other products or services of third parties.

Trademarks

Third-party trademarks, trade names, product names and logos (the “Trademarks”) contained in the speech recognition software or used by speech to text are the trademarks of their respective owners. The use of the Trademarks is intended solely to denote interoperability and does not constitute (i) an affiliation of SPS and of its licensors with such, or (ii) an endorsement or approval by such trademark owner of SPS and its licensors.

Privacy Policy

As a part of speech to text, SPS (and its licensors) uses speech data. “Speech Data” means the audio files or words you dictate and the associated transcriptions and log files generated in connection with your use speech to text. SPS (and its licensors) will not use the content or information elements of any Speech Data except for the purposes of delivering you the service or as otherwise permitted by this agreement.

To provide speech to text, SPS uses external service providers who contract with SPS and are subject to duties of confidentiality The external providers may process your Speech Data for the purpose of this service outside of Canada, to enable you to receive speech to text, including in the USA or in other countries. By using speech to text, you expressly consent to allowing your data (including Speech Data) to be transmitted abroad for such purposes.

We will always treat your personal data confidentially and process such data in conformity with the applicable legal rules and the SPS Privacy Policy.

Last update: 16/03/2022


Model withdrawal form

Terms of use

The following Terms of Use govern your access and use of www.speechlive.com. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you must NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by SPS at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other SPS web sites may have their own terms of use which apply to such web sites.

SPS reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. SPS reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with SPS' Privacy Policy as posted on this Web Site.

4. Disclaimers

ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by SPS are free from viruses or any other harmful elements.

5. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a user. This registration is free of charge.

When you register, you must choose a unique user name and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. Should your personal data that you provided during registration change, you have to promptly update your personal data to keep registration accurate and current. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer(s) and account. You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us by email to live.support(at)speech.com immediately.

You can at any time request via email to live.support(at)speech.com, that we delete your registration, unless the data are still required for the fulfilment of existing orders. In such case we will delete your personal data, that you have provided to us during registration as soon as the data are not needed any more.

6. Limitation of Liability

IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS EXCEED THE AMOUNT PAID BY YOU TO SPS IN THE PRECEDING ONE MONTH PERIOD. The foregoing exclusions or limitations of liability may not apply, to the extent such exclusions or limitations are not allowed under applicable national or provincial law.

7. Third Party Content

SPS is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

8. Software

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. SPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by SPS, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to SPS and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

Philips is a registered trademark of Koninklijke Philips N.V.

10. Indemnification and Release

You agree to indemnify and hold harmless SPS, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, SPS reserves the right to reveal your identity and any other information SPS may have about you.

If you have a dispute with one or more users, you release SPS, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Shut-Down of Site/Termination

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site. SPS has the right to terminate your use of the Web Site at any time by providing notice to you.

SPS has the right to immediately terminate your use of the Web Site without notice if you breach any of the Terms of Use or any other agreement with SPS.

12. SPS Products

The Web Site may contain references to specific SPS products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local SPS business contact for further information.

13. Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. You agree to comply with all applicable law in connection with your use of the Web Site.

All disputes arising from or in connection with these Terms of Use shall be exclusively referred to the courts in Markham, Ontario although SPS retains the right in its sole discretion to bring any suit, action or proceeding against you for breach of these Terms of Use in any other relevant jurisdiction.

For residents of Quebec: All disputes arising from or in connection with these Terms of Use shall be exclusively referred to the courts in Montreal, Quebec.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall be enforced.

15. Waiver

No failure or delay by SPS in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege.

16. Assignment

You may not assign this agreement without the prior written consent of SPS. SPS may assign all of its rights and obligations under this agreement without your consent on notice to you and upon any such assignment, SPS shall be fully released from its obligations hereunder and the assignee shall assume the rights and obligations of SPS as if the assignee were an original party to this agreement.